Tag Archives: patent

False patent marking claim fails in cannabis case despite clear falsity/motive to crush competition: mostly it didn’t work

Posted on November 10, 2018 by rtushnet

Kremerman v. Open Source Steel, LLC, 2018 WL 5785441, No. C17-953-BAT (W.D. Wash. Nov. 5, 2018) This case involved cannabis distillation equipment. Kremerman sued OSS for design patent and trade dress infringement and related claims. OSS counterclaimed for false patent … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

IPSC session 6

Posted on August 11, 2018 by rtushnet

Session 6: Tort-Tinged IP Ben Depoorter (and Robert Walker), So Sue Me … Please! Reverse Nuisance in Intellectual Property Law Goldieblox case: filed declaratory judgment against Beastie Boys. Getting sued can sometimes be a boon and can bring a lot … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

IPSC session 4

Posted on August 10, 2018 by rtushnet

Session 4: Old and New Theories of IP Shyam Balganesh, The Common Law of Copyright Censorial copyright claims: motivated by non economic, dignitary concerns, and the author/creator’s principal objective is expurgatory—to prevent the work from circulating publicly. These claims have … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

IPSC: keynote

Posted on August 10, 2018 by rtushnet

Keynote: The State of IP Scholarship – Rebecca Eisenberg When she began, patent scholarship in the academy was minimal.  Early 1980s, CAFC creation prolonged the ghettoization of patent law, even though the field was poised for greater integration into the … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

false patent marking doesn’t presumptively cause injury even in 2-player market

Posted on June 25, 2018 by rtushnet

John Bean Technologies Corp. v. Morris & Assoc., Inc., No. 15-CV-02211, 2018 WL 3039734 (W.D. Ark. Jun. 19, 2018) JBT’s predecessor asserted Patent Act false marking claims, Lanham Act false advertising claims, and various North Carolina and Arkansas State law … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

An actual jury verdict favoring plaintiff in false advertising case based on false patent claims

Posted on April 2, 2018 by rtushnet

Hillman Group, Inc. v. Minute Key Inc., No. 13-cv-00707, 2018 WL 1532526 (S.D. Ohio Mar. 29, 2018) Here’s a reminder that meaningless macho banter about the competition can come back to haunt you.  The parties compete in the self-service, automatic … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Conference: administrative law/private law interface in IP

Posted on February 26, 2018 by rtushnet

The Administrative-Private Law Interface in IP,  March 29, 2018 A conference co-organized by the Project on the Foundations of Private Law at Harvard Law School and the University of Texas School of Law, sponsored by Qualcomm Inc. More info here. … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

WIPIP Concurrent 2

Posted on February 16, 2018 by rtushnet

Nancy Kim, The License v. Sale Puzzle after Impressions v. Lexmark Sales exhaust the patentee’s rights to any item regardless of what the contract says. But restrictions on licensees are different because a license doesn’t implicate the same concerns about … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

WIPIP: Opening plenary

Posted on February 16, 2018 by rtushnet

WIPIP Plenary [Standard disclaimer: these are just my notes; I miss stuff or it’s about patents and I don’t necessarily get it; I also have to pick and choose from many attractive panels and this year I’m only at the … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

AIPLA scholarships & contests for students

Posted on November 30, 2017 by rtushnet

Sidney B. Williams scholarship for law students from underrepresented minority groups interested in IP law. Jan Jancin award for law students with a demonstrated record in the study of IP. Moot Court on patent issues. Robert C. Watson award for … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment